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Reciprocal Agreement, and the Treated Water Agreement, and to <br />enter into further arrangements regarding related matters. <br /> <br /> NOW, THEREFORE, in consideration of the mutual promises and <br />covenants contained herein, the respective parties do hereby <br />agree as follows: <br /> <br /> AGREEMENT <br /> <br /> 1. Motion to Dismiss Appeal and Dismissal. Within fifteen <br />(15) calendar days of the execution of this Settlement Agreement, <br />Cabarrus County shall file with the North Carolina Court of <br />Appeals a Motion to Dismiss its appeal in the Litigation. <br />Concord shall endorse its name to such motion (by and through its <br />counsel of record) so as to indicate its consent to the <br />dismissal. Within ten (10) calendar days after an order of <br />dismissal shall have been entered in the Court of Appeals and <br />filed in the Office of the Clerk of the Cabarrus County Superior <br />Court, <br /> <br /> (a) Concord shall dismiss its Complaint in the <br /> Litigation with prejudice; and <br /> <br /> (b) Cabarrus County shall dismiss its <br /> Counterclaim in the Litigation with prejudice; and <br /> <br /> (c) Cabarrus County shall cause its Notice of Lis <br /> Pendens filed ~n the Cabarrus County Registry to be <br /> cancelled of record; and <br /> <br /> (d) Neither dismissal with prejudice shall be <br /> effective to: <br /> <br /> (i) compromise any claims or defenses of <br /> Concord or Cabarrus County as to any third party, <br /> or <br /> <br /> <br />